Legal Opinion

Kyle v. Southern Electric Light & Power Co.

Supreme Court of Pennsylvania

Decided April 6, 1896No. Appeal, No. 364PublishedCited by 4 opinions

Appeal, No. 364, Jan. T., 1895, by defendant, from judgment of C. P. No. 3, Phila. County, June T., 1893, No. 429, on verdict for plaintiff. Trespass for personal injuries. Tlie facts appear by the opinion of the Supreme Court.

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Appeal, No. 364, Jan. T., 1895, by defendant, from judgment of C. P. No. 3, Phila. County, June T., 1893, No. 429, on verdict for plaintiff. Trespass for personal injuries. Tlie facts appear by the opinion of the Supreme Court. When George W. Dougherty, a witness for defendant, was on the stand, counsel for defendant made the following offer: I propose to prove by this witness the manner of talcing down poles of this size and character, the precautions which are adopted, the number of men employed, the way in which they are disposed, and, generally, all things in that connection; and will…

1Opinion of the Court

Opinion by

Mr. Justice McCollum,

The defendant’s employees while engaged in taking down a wooden electric light pole on Federal street in this city, on the 26th of May, 1893, lost control of it, and the result was that it fell upon and seriously injured the plaintiff, who was then but eleven years old. The case in hand relates to this occurrence, and it was brought to enforce the plaintiff’s claim that the negligence of the men intrusted with the work of taking down the pole was the proximate cause of the injury he received. The burden of showing the negligence óf which he complained was on…

2Cited by4 opinions

  1. Walters v. Western & Southern Life InsuranceSupreme Court of Pennsylvania · 1935
  2. Fitzpatrick v. Union Traction Co.Supreme Court of Pennsylvania · 1903
  3. Scranton Lackawanna Trust Co. v. BirbeckSupreme Court of Pennsylvania · 1939
  4. Hart v. Cascade Timber Co.Washington Supreme Court · 1905

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